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Investigation supports use of force during arrest

Published: Thursday, April 4, 2013 at 6:10 p.m.

Last Modified: Thursday, April 4, 2013 at 6:10 p.m.

Internal affairs investigators at the Wilmington Police Department have vindicated officers involved in a high-stakes arrest earlier this week, saying the level of force used to apprehend a man for running amok inside a bank was "appropriate" given "the totality of the circumstances," according to a report disclosed Thursday.

The conclusion by the department's Professional Standards Unit lays to rest, from the WPD's standpoint at least, questions about whether the officers acted properly in bringing Tuesday's situation at the State Employees Credit Union to a close.

The incident grabbed headlines after WECT aired amateur video of what appeared to be police kicking the man, Roy August Smith II, while he was on the ground.

What that video did not show, however, was that minutes before the arrest, employees at the credit union triggered a panic alarm and called 911 to a report that Smith stole money from someone inside the bank.

Police responded to what they believed was a bank robbery and pulled the SUV over on Independence Boulevard. Smith sat in the passenger seat and a woman, Shanita Wynette Reid, was driving.

The cameras started rolling as, after Reid and Smith refused demands to get out of the car, officers struck the passenger-side window with a baton, dragged Smith out and stomped on his buttocks until he put his hands behind his back. They also placed Reid in cuffs before sitting the pair on the curb.

The internal affairs report based its conclusion on the nature of the initial call, the information dispatched about Smith's behavior, his refusal to obey officers' orders and the suspects' attempt to flee. The report specifically notes that officers could not tell whether Smith was armed because he tried to hide his hands.

The conclusion echoes comments made Wednesday by Wilmington Police Chief Ralph Evangelous, who reviewed WECT's footage as well as dash-cam video from one of the police cars. The chief also noted that Smith's criminal history included a conviction for pulling a pistol on a police officer.

<p>Internal affairs investigators at the Wilmington Police Department have vindicated officers involved in a high-stakes arrest earlier this week, saying the level of force used to apprehend a man for running amok inside a bank was "appropriate" given "the totality of the circumstances," according to a report disclosed Thursday. </p><p>The conclusion by the department's Professional Standards Unit lays to rest, from the WPD's standpoint at least, questions about whether the officers acted properly in bringing Tuesday's situation at the State Employees Credit Union to a close. </p><p>The incident grabbed headlines after WECT aired amateur video of what appeared to be police kicking the man, Roy August Smith II, while he was on the ground. </p><p>What that video did not show, however, was that minutes before the arrest, employees at the credit union triggered a panic alarm and called 911 to a report that Smith stole money from someone inside the bank. </p><p>Police responded to what they believed was a bank robbery and pulled the SUV over on Independence Boulevard. Smith sat in the passenger seat and a woman, Shanita Wynette Reid, was driving. </p><p>The cameras started rolling as, after Reid and Smith refused demands to get out of the car, officers struck the passenger-side window with a baton, dragged Smith out and stomped on his buttocks until he put his hands behind his back. They also placed Reid in cuffs before sitting the pair on the curb. </p><p>The internal affairs report based its conclusion on the nature of the initial call, the information dispatched about Smith's behavior, his refusal to obey officers' orders and the suspects' attempt to flee. The report specifically notes that officers could not tell whether Smith was armed because he tried to hide his hands. </p><p>The conclusion echoes comments made Wednesday by Wilmington Police Chief <a href="http://www.starnewsonline.com/section/topic9935"><b>Ralph Evangelous</b></a>, who reviewed WECT's footage as well as dash-cam video from one of the police cars. The chief also noted that Smith's criminal history included a conviction for pulling a pistol on a police officer. </p><p>"This is a bad guy," he said. </p><p><i></p><p><a href="http://www.starnewsonline.com/section/topic9904"><b>Brian Freskos</b></a>: 343-2327</p><p>On <a href="http://www.starnewsonline.com/section/news41"><b>Twitter</b></a>: @BrianFreskos</i></p>